Minister of Justice and Constitutional Development and Another v Language and Others (14181/05) [2006] ZAKZHC 1 (1 January 2006)

Minister of Justice and Constitutional Development and Another v Language and Others (14181/05) [2006] ZAKZHC 1 (1 January 2006)

The High Court found that it was not competent to grant a declaratory order on a point in limine that was pending before the Equality Court and on which the Equality Court had not yet made a finding or ruling. The presiding officer of the Equality Court is empowered by statute to determine the appropriate forum for the dispute, and the applicants' attempt to bypass this process was improper. The High Court also held that it does not have the authority to transfer proceedings from the Equality Court to itself; such matters must be decided by the Equality Court, with appeals available thereafter. The applicants' repeated raising of unmeritorious points in limine and failure to follow proper...

Citation
[2006] ZAKZHC 1
Parties
Applicant: Minister of Justice and Constitutional Development; Applicant: Magistrate's Commission; Respondent: Correll Language; Respondent: Neil Stephanus Malan; Respondent: Jeff Abrahams
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
1 January 2006
Case Number
14181/05
Procedural Posture
Urgent Application / Rule Nisi Discharged After Hearing Argument
Outcome
Rule nisi discharged; applicants ordered to pay costs.
Judges
P.C. Combrinck
Legal Topics
Jurisdiction of Equality Court, Declaratory Orders, Transfer of Proceedings, Points in Limine
Administrative Law Civil Procedure Jurisdiction of Equality Court Declaratory Orders Transfer of Proceedings Points in Limine

Case Brief

Summary, issues, holding and outcome

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Parties

Minister of Justice and Constitutional Development

Applicant

Magistrate's Commission

Applicant

Correll Language

Respondent

Neil Stephanus Malan

Respondent

Jeff Abrahams

Respondent

Procedural Posture

Urgent Application / Rule Nisi Discharged After Hearing Argument

Legal Issues

  1. 1 Whether the High Court may grant a declaratory order on a point in limine pending before the Equality Court.
  2. 2 Whether it is competent for the High Court to transfer proceedings from the Equality Court to itself.
  3. 3 Whether the applicants' conduct in repeatedly raising unmeritorious points in limine justifies a costs order against them.

Ratio Decidendi

The High Court found that it was not competent to grant a declaratory order on a point in limine that was pending before the Equality Court and on which the Equality Court had not yet made a finding or ruling. The presiding officer of the Equality Court is empowered by statute to determine the appropriate forum for the dispute, and the applicants' attempt to bypass this process was improper. The High Court also held that it does not have the authority to transfer proceedings from the Equality Court to itself; such matters must be decided by the Equality Court, with appeals available thereafter. The applicants' repeated raising of unmeritorious points in limine and failure to follow proper...

Court Disposition

Rule nisi discharged; applicants ordered to pay costs.

Orders

  • The rule nisi is discharged.
  • The applicants are ordered to pay the first and second respondents' costs.